JA_SPE7LX25R0072_Redacted_Decontrolled.pdf

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SOLICITATION SPE7LX-25-R-0072

[X] ORIGINAL

[ ] ADDENDUM (attach copy of original J&A for add-ons or revisions)

1. The Defense Logistics Agency, DLA Land and Maritime, is the contracting activity.

2. The action being approved is the acquisition of supplies on other than a full and open competition basis.

3. The supplies required to meet the using activity' s needs are described as follows:

EST.

ANNUAL ANNUAL

DEMAND DEMAND

BRIEF DESCRIPTION NSNIP/N UANTITY VALUE AMC AMSC

FILTER ASSY AIR 2030-01-207-1317 30 3 D

FILTER ELEMENT,FLUI 2910-01-524-7665 171 3 D

FILTER.FLUID 2910-01-660-1947 1021 3 D

AIR CLEANER.INTAKE 2940-01-129-74 73 33 3 B

LATCH ASSEMBLY 2940-01-133-0240 30 3 C

AIR CLEANER.INTAKE 2940-01-216-5617 25 3 R

FILTER ELEMENT,INTA 2940-01-264-0715 576 3 B

AIR CLEANER.INTAKE 2940-01-288-84 31 6 3 B

FILTER ELEMENT,INTA 2940-01-291-5893 1353 3 B

FILTER ELEMENT,INTA 2940-01-333-0723 23 3 R

FILTER ELEMENT,INTA 2940-01-406-9209 5396 3 B

DEFLECTOR.AIR CLEAN 2940-01-412-5184 128 3 B

FILTER ELEMENT,INTA 2940-01-500-3734 205 3 D

AIR CLEANER.INTAKE 2940-01-504-73 98 9 3 B

AIR CLEANER.INTAKE 2940-01-526-2884 33 3 D

FILTER ELEMENT,INTA 2940-01-526-5103 19 3 D

FILTER ELEMENT,INTA 2940-01-545-4782 42 3 D

AIR CLEANER.INTAKE 2940-01-612-6606 30 3 D

FILTER ELEMENT.INT A 2940-01-652-6225 425 3 B

FILTER ELEMENT,INTA 2940-01-696-0282 39 3 R

MUFFLER.EXHAUST 2990-01-293-4462 42 3 B

ELEMENT SEPERA TOR,A 4310-01-584-3003 118 3 D

FILTER ELEMENT,FLUI 4330-12-399-4844 71 3 R

TUBING,NONMETALUC 4710-01-617-4607 90 3 z

STRAINER ELEMENT.SE 4730-01-216-1134 76 3 C

GASKET 5330-01-302-9946 396 3 B

I -year estimated total value = 5-year estimated total value = Contract maximum = Contract minimum =

Estimated value and contract duration:

Tue proposed action is for the solicitation and award of a five-year, Fixed-Price with Economic Price Adjustment, Indefinite Delive1y Indefinite Quan tity type contract. The five-year period is inclusive of one (1) one-year base period and four ( 4) separately priced one-year option periods. The I-year base

Controlled by: DLA Land and Maritime Controlled by: DSCC-ZBB

CUI Category: SSEL Distribution/Dissemination Control: FEDONLY

POC: r@dla.wil

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information - See FAR Part 2.101 and 3.104.

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Identify end item, weapon system, or class of item:

The NSNs are tied to various weapon systems as listed in attachment #1, CL25034001_ WSDC.

The various components are primai·ily used in combustion engines or hydraulic systems, depending on the weapon system. The weapon systems ai·e ground combat vehicles, tanks, surface ships, missiles, personnel caniers, combat and reconnaissance aircraB, and various helicopters operated by the US Air Force, Almy, Mai·ine Corps and Navy. The components allow for smooth operation of the combustion engines and hydraulic systems in the various weapon systems. Thiiteen (13) NSNs cmrently have highest level WSIC codes of 'F', L' , or 'T' , indicating that their failure will render the end item. Eight (8) NSNs have highest level WSIC codes 'K ', S' or 'Z' indicating that failure will not render the end item inoperable. One (1) NSN has a highest level WSIC code of 'H ' indicating that it is needed for planned operational environments. AI1d fom (4) NSNs have highest level WSIC codes of ' J' and 'Y' indicating that their failure will cause a reduction in the effectiveness of the end item.

I Material# I WSDC I WSIC I WEAPON SYSTEM 2030-01 -207-1317 JKN s WASP CLASS LHD / AMERICA CLASS LHA 2910-01-524-7665 0lF F MISSILE, MINUTEMAN III, LGM-30 2910-01-660-194 7 0lF H MISSILE, MINUTEMAN III, LGM-30

2940-01-129-7473 36A F TANK, ABRAMS M-1

2940-01 -133-0240 X2M F ASSAULT AMPHIBIOUS VEHICLE, COMMAND (AAVC7Al) 2940-01 -216-5617 29A T CARRIER, PERS M-113Al, M-113A2, M-113A3 2940-01-264-0715 EON s LANDING CRAFT AIR CUSHION (LCAC) 2940-01 -288-843 l 37A J FIGHTING VEHICLE SYSTEMS, BRADLEY (BFVS)

2940-01-291-5893 37A J FIGHTING VEHICLE SYSTEMS, BRADLEY (BFVS)

2940-01 -333-0723 73A L TRUCK, M-915 SERIES, M-916Al (LET)

2940-01-406-9209 36A F TANK, ABRAMS M-1

2940-01-412-5184 36A F TANK, ABRAMS M-1

2940-01 -500-3734 39A F MISSILE, PATRIOT

2940-01 -504-7398 23A K HOWITZER, M-109 SERIES

2940-01 -526-2884 29A s CARRIER, PERS M-113Al, M-113A2, M-113A3 2940-01 -526-5103 YTA z YARD TRACTOR 2940-01 -545-4782 MRA J PARENT WSDC FOR ALL ARMY MRAP WSDCs 2940-01-612-6606 0lF F MISSILE, MINUTEMAN III, LGM-30

M2A4,M7 A4,A4 BFV,A4 BRADLEY FIGHTING

2940-01 -652-6225 5JA T VEH,ARMORED RECONN,

2940-01 -696-0282 EON L LANDING CRAFT AIR CUSHION (LCAC)

2990-01-293-4462 37A K FIGHTING VEHICLE SYSTEMS, BRADLEY (BFVS)

4310-01 -584-3003 CXN F AIRCRAFT, OSPREY V-22A, MARINE CORPS

4330-12-399-4844 GBN F LITTORAL COMBAT SHIP

LIGHT CAPACITY ROUGH TERRAIN FORKLIFT (LRTF),

4710-01 -617-4607 KVM y MODEL TX51-19M

4730-01-216-1134 EON L LANDING CRAFT AIR CUSHION (LCAC)

5330-01-302-9946 62A s MULTIPLE LAUNCH ROCKET SYSTEM (MLRS)

4. The statuto1y authority pe1mitting other than full and open competition is:

[X] 10 U.S.C. 3204(a)(l) - Available from only one or a limited number of sources.

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information - See FAR Part 2. 101 and 3. 104.

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5. If restricted to the only source(s) of supply, include source(s) and CAGE code:

All NSNs on this acquisition have a common large manufacturer, Donaldson Company, Inc. / 18265 in their approved source listing. The complete source listing is in attachment #1, CL25034001_WSDC, on the AMPL tab. The scope of the acquisition includes any future NSN identified as having only Donaldson Company, Inc. affiliated CAGEs as its approved source of supply and utilized on weapon systems used by branches of the US military. DLA procurement note L27 Addition and Deletion of Items will be included in the acquisition to allow for the addition of the NSNs.

The use of the authority cited below:

[X] AMC 3. Acquire, for the second or subsequent time, directly from the manufacturer.

The use of the authority cited is based on:

AMSC B - This part must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application. Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical data package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources exist, AMCs 1 or 2 are valid.

AMSC C - This part requires engineering source approval by the design control activity in order to maintain the quality of the part. Existing unique design capability, engineering skills, and manufacturing knowledge by the qualified source(s) require acquisition of the part from the approved source(s). The approved source(s) retain data rights, manufacturing knowledge, or technical data that are not economically available to the Government, and the data or knowledge is essential to maintaining the quality of the part. An alternate source must qualify in accordance with the design control activity's procedures, as approved by the cognizant Government engineering activity. The qualification procedures must be approved by the Government engineering activity having jurisdiction over the part in the intended application. If one source is approved, AMCs 3, 4, or 5 are valid. If at least two sources are approved or if data is adequate for an alternate source to qualify in accordance with the design control activity's procedures, AMCs 1 or 2 are valid.

AMSC D - The data needed to acquire this part competitively is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the material for a competitive solicitation. AMCs 3, 4, or 5 are valid.

AMSC R - The Government does not own the data or the rights to the data needed to purchase this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part. This code is used when the Government did not initially purchase the data and/or rights. If only one source has the rights or data to manufacture this item, AMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture this item, AMCs 1 or 2 are valid.

AMSC Z - This part is a commercial/nondevelopmental/off-the-shelf item. Commercial item descriptions, commercial vendor catalog or price lists or commercial manuals assigned a

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information – See FAR Part 2.101 and 3.104.

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DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information – See FAR Part 2.101 and 3.104.

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technical manual number apply. If one source is available, AMCs 3, 4, or 5 are valid. If at least two sources are available, AMCs 1 or 2 are valid.

[X] Other: (Explain) The Government has reserved the right to approve sources and only CAGE 18265 has been approved. In addition, per the approved manufacturer parts list for this NSN in SAP (as received from the Defense Logistics Information Service), only CAGE 18265 has been identified as having the proper complete technical data and manufacturing expertise to supply these particular items to DLA and the using military services. While there are other foreign manufacturers showing as approved sources (CAGEs FAQ15, H2DZ1, and C1024), these foreign CAGEs are blocked from appearing in the NSNs’ item descriptions due to an SAP block code of 0006. Therefore, competition must be limited to offers of the product of CAGE 18265. A technical review in support of a potential LTC was performed on 03/27/2025. The NSNs were determined to be suitable for an LTC at that time.

6. Efforts to ensure that offers are solicited from as many sources as practicable are:

[X] The acquisition will be synopsized on or about 07/11/2025.

[X] The solicitation will be posted to DLA DIBBS on or about its issuance date of 07/28/2025 and will posted for 30 days.

7. I hereby determine that the anticipated cost to the Government will be fair and reasonable.

This will be a five-year, fixed price with economic price adjustment, indefinite delivery indefinite quantity type contract. The five-year period is inclusive of one (1) one-year base period, and four (4) separately priced one-year option periods. As such, prices will be updated before each option year is exercised based on changes in the BLS index for NAICS 333618, which is the index recommended by DLA Land and Maritime’s pricing office representative. Based on the results of market research, the buyer anticipates receiving more than one offer, but adequate price competition is not expected to exist at time of evaluation of proposals because all offers will be for the same manufacturer’s parts. These are commercial items as determined in paragraph 8 below. Therefore, in accordance with FAR Part 15.403-1(b)(3), it is prohibited to request certified cost/price data. Other than cost or pricing data will be used to determine a fair and reasonable price. This data includes the commercial market value of similar items and their difference to the government required configuration, price analysis, negotiation procedures, traceability, and the use of resources available through the Pricing Office.

8. Market Research/Efforts to Obtain Competition:

DLA Land and Maritime conducted various forms of market research including the publishing of a formal Sources Sought notice and market survey to www.SAM.gov. In addition to the publishing of a Sources Sought notice, the contract specialist also researched the procurement history for the items on the proposed solicitation and emailed each of the suppliers that still had a valid registered CAGE and had received at least five purchase orders among the twenty-six items on the list of NSNs on the acquisition. CAGEs 5UY76, 5N582, 5ZD19, 8S377, 0GD52, 3NNX8, 69WR8, 99V43, and 18265 all received a market survey.

Sources Sought Notice:

On 05/22/2025, a Sources Sought notice was posted to www.SAM.gov, and contained attached market survey documents. The date of return referenced on the sources sought notice was 05/30/2025. As of 06/03/2025, no sources responded to the sources sought notice with completed c011610 Cross-Out

SOLICITATION SPE7LX-25-R-0072

market survey documents.

Market Research Conclusion:

A market smvey was conducted on: 05/22/2025 through 05/30/2025.

Total number of vendors contacted: Nine (9) Names of vendors contacted and responding:

5UY76 I Cavanaugh Government Group LLC - did not respond;

5N582 / Seal Dynamics LLC-responded;

5ZD19 I FBC Enterprises LLC-responded;

8S377 / Fuel Systems, Inc. - responded;

0GE52 I Direct Line, Inc. - did not respond;

3NNX8 / Brighton Cromwell LLC - did not respond;

69WR8 / Separator Spares & Equipment LLC - did not respond;

99V 43 / Neal Supply and Rental LLC - responded;

18265 / Donaldson Company, Inc. - responded.

Techniques used to conduct survey: E-mail and Somces Sought notice.

Types of infomiation requested: Commerciality, Length of Contract, FOB, Delivery & General info1mation questions.

Summaiy of information received:

1. CAGE 18265 / Donaldson Company, Inc. stated that they use exclusive distributor Seal

Dynamics LLC / 5N582 to provide pricing for all Government requirements.

2. CAGE 99V 43 / Neal Supply and Rental LLC indicated the following in their market survey documents.

(a) Se1vice-disabled, veteran-owne.d small business dealer with 3 employees

(b) The are interested oftwen -six NSNs (c) (d)

3. CAGE 5ZD19 I FBC Ente1prises LLC indicated the following in their market smvey documents.

(a) Se1vice-disabled, veteran-owne.d small business dealer with 8 employees

(b) The are interested twen -six NSNs (c) (d)

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information - See FAR Part 2. 101 and 3. 104.

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G) • • • • • • mnentation.

(k)

4. Seal Dynamics LLC / 5N582 provided the following response in their mai-ket survey documents.

(a) Large business dealer with 165 employees (part of parent Heico Aerospace / 1 NB 18)

(b) The are interested oftwen . -six NSNs (c) (d)

Cons1 ers items commercia ; w1 mg to supp y suppo1tmg ocumentation.

5. CAGE 8S377 / Fuel Systems, Inc. stated that they will not pa1ticipate in the acquisition because Donaldson Company, Inc. uses exclusive distributor Seal Dynamics LLC / 5N582 to provide pricing for all Government requirements.

Info1mation received regarding the commerciality of the item(s):

An initial review of the COTS field in the material master for the NSNs in SAP showed an entiy of 'Yes' for only three of them, indicating that the technical community had recommended that the NSNs be detennined commercial by the contracting officer. Per the market survey returned by Neal Supply and Rental LLC / 99V 43, they consider the items to be commercial in nature. A search in Google showed that eleven NSNs had their co1Tesponding Donaldson part number available for purchase by the public through several Internet retailers. In addition, NSN 2940- 01-406-9209 was dete1mined commercial on a previous acquisition, under solicitation SPE?Ll - 24-Q-0773. The acquisition specialist sent the entire list of26 NSNs to the SAPD product specialist community for concmTence on a commerciality dete1mination, along with her results of internet research for all of them. Based on the items ' descriptions and uses, the SAPD product specialist concmTed with the acquisition specialist's recommendation that the items be dete1mined commercial of-a-type, and the NSNs' item descriptions were updated with the appropriate standard text object (STO) designating the NSN as a commercial or commercial of a-type item. Therefore, based on the publicly available infonnation about th ese NSNs, market research results, a previous commercial item dete1mination, and the technical community's concmTence, the contracting officer has determined that these NSNs are commercial, and the acquisition will be subject to FAR Pait 12.

9. Additional facts suppo1ting other than foll and open competition are:

[X] Based upon the technical ce1tification on file in DLA Land and Maritime - VEP technical data is not available and cannot be developed to pe1mit full and open competition. The data presently available reflects the minimum needs of the Government. CAGE 18265 is the only approved and listed common source for all twenty-six NSNs.

10. A listing of sources, if any, indicating an interest in the acquisition is: (If none, so state)

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information - See FAR Part 2. 101 and 3. 104.

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DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information – See FAR Part 2.101 and 3.104.

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CAGE 5N582 / Seal Dynamics LLC; CAGE 99V43 / Neal Supply and Rental LLC; CAGE 5ZD19 / FBC Enterprises, Inc.

11. This item is subject to the following methods of locating additional sources:

[X] The solicitation contains DLA procurement notes L04 (Offers for Part Numbered Items) and M06, (Evaluation of Offers for Part Numbered Items) (for all AMSCs other than B) [X] The solicitation contains DLA procurement note L22 (Restriction of Alternate Offers – Source- Controlled Item) (for AMSC B items) [X] The Government will continue to conduct market research to ascertain if changes occur in the marketplace that would enable future actions for this item to be competitive.

12. Justification and approval memos for the following previous contracts or solicitations are attached to this J&A:

SPE7LX-23-R-0115

SPE7LX-20-R-X051

SPE7LX-20-R-0187

SPE7MX-17-D-0123

SPE7MX-17-R-0065

Attachments:

CL25034001_WSDC

MFR Tech Data CL25034001

SOLICITATION SPE7LX-25-R-0072

I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

FUGATE.ANGELA.K. Digitally signed by

FUGATE.ANGELA.K

107 4073812 Date: 2025.07.31 14:46:22-04'00'

Angela K. Fugate Contracting Officer

APPROVAL/CERTIFICATION

07/31/2025

Date

I have reviewed and approve this justification. The estimated total value of the J&A is

PETERSON.GEORG

E.0.1242831744 Competition Advocate

Digitally signed by

PETERSON.GEORGE.D

Date: 2025.07.3115:14:47 -04'00'

CONTRERAS.GATH Digitallysigned by

CONTRERAS.CATHERINE.

ERINE.L.1229386472 Date:2025.08.01 16:12:50-04'00'

CATHERINE L. CONTRERAS, SES

Head of the Contracting Activity

Date

Date

APPROVAL REQUIREMENTS

07/31/2025

08/01/2025

[X] $13,500,000 to $93,000,000 Head of the Contracting Activity

DLA Land & Maritime Justification for Other Than Full & Open Competition Source Selection Information - See FAR Part 2. 101 and 3. 104.

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